.. NCAA shows readiness to assist affected passengers.
In response to a statement by Management of Arik Air ( in Receivership) alleging an order by Minister of Aviation and Aerospace Development, Festus Keyamo (SAN), to ground its fleet of aircraft, management of Nigerian Airspace Management Agency (NAMA) has put forward a statement to clarify why fleet of the airline is grounded.
In a statement signed by the authorities of the airspace management agency, Arik Air fleet is ground to comply with the Supreme Court order on the subject matter; preserving the (affected aircraft) from being taken out of the court ‘s jurisdiction or tampered with in any way.
“In order to preserve the subject matter of the present dispute which are the aircrafts in question (the res), which have already been attached, we have decided to comply with the effect of the Supreme Court order, by grounding the aircrafts (subject of dispute) so that they are not taken out of the jurisdiction of the court or tampered with in a way as to frustrate the courts,” NAMA stated.
It added, “in the circumstances, since the first execution took place by attaching the aircrafts, further execution by way of sale can be halted whilst the parties go back to court to resolve the issues.”
Stating the processes that led to the decision to ground the fleet of aircraft, NAMA said: “On the 19th day of July, 2024, the enforcement department of the FCT High Court enforced an Order made by the Court regarding a debt of $2.5 million owed by Arik Airline to one Atlas Petroleum International Ltd. by attaching their aircrafts,” it continued “Arik was further given a notice of Public Auction of the planes by the Court which was slated to hold on the 26th day of July 2024 if they fail to pay the Judgment debt.”
NAMA affirmed that the notice were served on its management and Supervising Minister, the Minister of Aviation
However, records show that on the 8th day of March, 2016, the Judgment Debtor (ARIK) appealed the decision of the High Court of Lagos State entering judgment against it to the Court of Appeal and on 30th September, 2021, the appeal was dismissed by the Court of Appeal in a unanimous decision with cost.
ARIK, again appealed to the Supreme Court for leave to appeal the decision of the Court of Appeal, and on the 9th day of January, 2024, the Supreme Court, per Okoro, J.S.C., delivered its Ruling dismissing the Judgment Debtor’s application for leave to appeal.
Thereafter, the Judgment Creditor registered the Judgment of the Lagos State High Court in The High Court of FCT and On the 26th day of June, 2024, Honorable Justice O. A. Adeniyi, then sitting in Court 8, Maitama, Abuja) made an order after hearing Motion No: M/9785/2024 filed on behalf of Atlas Petroleum attaching all the moveable properties belonging to the Judgment Debtor, including the Judgment Debtor’s aircraft with Registration No: B737-700/ 5N-MJF, B737-800/ 5N-MJQ, DASH8-Q400 and 5N-BKX in satisfaction of the judgment debt.
NAMA also affirmed that copies of the Order and Certificate of Judgment were also served on its management and the Minister.
Though, it denied being formally served with an exparte order stopping FURTHER EXECUTION of the order obtained by Arik, but it claimed understanding of the injunction.
NAMA however submitted, from the above stated circumstances, since the first execution took place by attaching the aircrafts, further execution by way of sale can be halted whilst the parties go back to court to resolve the issues. Hence its resolve to ground the fleet to prevent the airplanes from being taken out of the jurisdiction of the court or tampered with in any way as to frustrate the courts
Relying on the professional experience of the Minister as a member of the Inner Bar, NAMA argued that Keyamo himself understands the implication of the Supreme Court Order dismissing the motion for leave to appeal and will not risk his license as a legal practitioner or his privilege as a Senior Advocate of Nigeria by engaging in acts that will frustrate an order of the Supreme Court of Nigeria.
NAMA therefore urged the parties to the dispute to resolve their issues as quickly as possible so that Arik Air aircraft in question can resume flight operations.
Meanwhile, the Nigeria Civil Aviation Authority (NCAA) has confirmed that it is aware of the grounding of Arik Air’s fleet and the consequences on passengers.
The regulatory agency therefore call on affected passengers to bear with the situation while it engages the airline on its plans for them.
Assuring the presence of its consumer protection personnel at any of the airports monitoring passengers handling process advised that passengers can walk into its offices, speak with identified members of staff or send emails to the department if they have unresolved issues with the airline.
“The Nigeria Civil Aviation Authority is well-informed of the grounding of Arik Air aircraft over legal issues and the attendant impact on its flights and intending passengers.
“While the NCAA monitors the situation and engages Arik Air on its plans for affected passengers, our Consumer Protection Officers are available at the terminals to monitor passenger handling and to offer information.
Air travelers may also walk into the NCAA Consumer Protection offices,identify and speak with our officers for assistance or send email to cpd@ncaa.gov.ng,” the regulator said
NCAA empathizes with all affected passengers and wishes to assure of the protection of their rights as critical stakeholders.
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